PRIOR PASSAGE - NONE
                                                       PRINTER'S NO. 108

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 84 Session of 2007


        INTRODUCED BY TANGRETTI, SAMUELSON, BELFANTI, CALTAGIRONE,
           CAPPELLI, CARROLL, CREIGHTON, CURRY, DALEY, DALLY,
           DePASQUALE, FRANKEL, FREEMAN, GALLOWAY, GEORGE, GOODMAN,
           GRELL, GRUCELA, HENNESSEY, HORNAMAN, JOSEPHS, KULA, MAHONEY,
           MANDERINO, MANN, MARSICO, McILHATTAN, MELIO, MUSTIO, NAILOR,
           PALLONE, PETRONE, RAMALEY, RUBLEY, SIPTROTH, STAIRS, STURLA,
           TRUE, WALKO, WOJNAROSKI, YOUNGBLOOD, YUDICHAK, GERGELY,
           HANNA, REED, LEVDANSKY AND EVERETT, JANUARY 30, 2007

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 30, 2007

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, providing for a Legislative and
     3     Congressional Reapportionment Bureau for the purpose of
     4     reapportioning and redistricting the Commonwealth of
     5     Pennsylvania.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby resolves as follows:
     8     Section 1.  The following amendment to the Constitution of
     9  Pennsylvania is proposed in accordance with Article XI:
    10     That section 17 of Article II be amended to read:
    11  § 17.  Legislative [Reapportionment Commission] and
    12         Congressional Reapportionment Bureau.
    13     (a)  In each year following the year of the Federal decennial
    14  census, a Legislative [Reapportionment Commission] and
    15  Congressional Reapportionment Bureau shall be constituted for
    16  the purpose of reapportioning the Commonwealth. The bureau shall

     1  consist of a director and employees as are necessary to carry
     2  out the responsibilities of reapportionment and redistricting.
     3  [The commission shall act by a majority of its entire
     4  membership.
     5     (b)  The commission shall consist of five members: four of
     6  whom shall be the majority and minority leaders of both the
     7  Senate and the House of Representatives, or deputies appointed
     8  by each of them, and a chairman selected as hereinafter
     9  provided. No later than 60 days following the official reporting
    10  of the Federal decennial census as required by Federal law, the
    11  four members shall be certified by the President pro tempore of
    12  the Senate and the Speaker of the House of Representatives to
    13  the elections officer of the Commonwealth who under law shall
    14  have supervision over elections.
    15     The four members within 45 days after their certification
    16  shall select the fifth member, who shall serve as chairman of
    17  the commission, and shall immediately certify his name to such
    18  elections officer. The chairman shall be a citizen of the
    19  Commonwealth other than a local, State or Federal official
    20  holding an office to which compensation is attached.
    21     If the four members fail to select the fifth member within
    22  the time prescribed, a majority of the entire membership of the
    23  Supreme Court within 30 days thereafter shall appoint the
    24  chairman as aforesaid and certify his appointment to such
    25  elections officer.
    26     Any vacancy in the commission shall be filled within 15 days
    27  in the same manner in which such position was originally filled.
    28     (c)  No later than 90 days after either the commission has
    29  been duly certified or the population data for the Commonwealth
    30  as determined by the Federal decennial census are available,
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     1  whichever is later in time, the commission shall file a
     2  preliminary reapportionment plan with such elections officer.
     3     The commission shall have 30 days after filing the
     4  preliminary plan to make corrections in the plan.
     5     Any person aggrieved by the preliminary plan shall have the
     6  same 30-day period to file exceptions with the commission in
     7  which case the commission shall have 30 days after the date the
     8  exceptions were filed to prepare and file with such elections
     9  officer a revised reapportionment plan. If no exceptions are
    10  filed within 30 days, or if filed and acted upon, the
    11  commissions's plan shall be final and have the force of law.
    12     (d)  Any aggrieved person may file an appeal from the final
    13  plan directly to the Supreme Court within 30 days after the
    14  filing thereof. If the appellant establishes that the final plan
    15  is contrary to law, the Supreme Court shall issue an order
    16  remanding the plan to the commission and directing the
    17  commission to reapportion the Commonwealth in a manner not
    18  inconsistent with such order.
    19     (e)  When the Supreme Court has finally decided an appeal or
    20  when the last day for filing an appeal has passed with no appeal
    21  taken, the reapportionment plan shall have the force of law and
    22  the districts therein provided shall be used thereafter in
    23  elections to the General Assembly until the next reapportionment
    24  as required under this section 17.]
    25     (b)  (1)  The bureau shall acquire appropriate information,
    26  review and evaluate available facilities and develop programs
    27  and procedures in preparation for drawing congressional and
    28  legislative redistricting plans on the basis of each Federal
    29  census.
    30     (2)  By December 31 of each year ending in zero, the bureau
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     1  shall obtain from the United States Bureau of the Census
     2  information regarding geographic and political units in this
     3  Commonwealth for which Federal census population data has been
     4  gathered and will be tabulated. The bureau shall use the data
     5  obtained to prepare:
     6     (i)  Necessary descriptions of geographic and political units
     7  for which census data will be reported and which are suitable
     8  for use as components of legislative districts.
     9     (ii)  Maps of counties, cities and other geographic units
    10  within this Commonwealth, which may be used to illustrate the
    11  locations of legislative district boundaries proposed in plans
    12  drawn in accordance with subsection (d).
    13     (3)  As soon as possible after January 1 of each year ending
    14  in one, the bureau shall obtain from the United States Bureau of
    15  the Census the population data needed for legislative
    16  districting which the Census Bureau is required to provide this
    17  Commonwealth under 13 U.S.C. § 141 (relating to population and
    18  other census information) and shall use that data to assign a
    19  population figure based upon census data to each geographic or
    20  political unit described pursuant to paragraph (2)(i). Upon
    21  completing that task, the bureau shall begin the preparation of
    22  congressional and legislative districting plans as required by
    23  subsection (c).
    24     (c)  (1)  Not later than April 1 of each year ending in one,
    25  the bureau shall deliver to the Secretary of the Senate and the
    26  Chief Clerk of the House of Representatives identical bills
    27  embodying a plan of legislative and congressional districting
    28  prepared in accordance with subsection (d). It is the intent of
    29  this section that the General Assembly shall bring the bill to a
    30  vote in either the Senate or the House of Representatives
    20070H0084B0108                  - 4 -     

     1  expeditiously, but not less than seven days after the report of
     2  the commission required by subsection (f) is received and made
     3  available to the members of the General Assembly, under a
     4  procedure or rule permitting no amendments except those of a
     5  purely corrective nature. It is further the intent of this
     6  section that, if the bill is approved by the first House in
     7  which it is considered, it shall expeditiously be brought to a
     8  vote in the second House under a similar procedure or rule.
     9     (2)  If the bill embodying the plan submitted by the bureau
    10  under paragraph (1) fails to be approved by a constitutional
    11  majority in either the Senate or the House of Representatives,
    12  the Secretary of the Senate or the Chief Clerk of the House of
    13  Representatives, as the case may be, shall at once transmit to
    14  the bureau information which the Senate or House of
    15  Representatives may direct regarding reasons why the plan was
    16  not approved. The bureau shall prepare a bill embodying a second
    17  plan of legislative and congressional districting prepared in
    18  accordance with subsection (d) taking into account the reasons
    19  cited by the Senate or House of Representatives for its failure
    20  to approve the plan insofar as it is possible to do so within
    21  the requirements of subsection (d). If a second plan is required
    22  under this subsection, the bill embodying it shall be delivered
    23  to the Secretary of the Senate and the Chief Clerk of the House
    24  of Representatives not later than May 1 of the year ending in
    25  one or 14 days after the date of the vote by which the Senate or
    26  the House of Representatives fails to approve the bill submitted
    27  under paragraph (1), whichever date is later. It is the intent
    28  of this section that, if it is necessary to submit a bill under
    29  this paragraph, the bill be brought to a vote not less than
    30  seven days after the bill is printed and made available to the
    20070H0084B0108                  - 5 -     

     1  members of the General Assembly, in the same manner as
     2  prescribed for the bill required under paragraph (1).
     3     (3)  If the bill embodying the plan submitted by the bureau
     4  under paragraph (2) fails to be approved by a constitutional
     5  majority in either the Senate or the House of Representatives,
     6  the same procedure as prescribed by paragraph (2) shall be
     7  followed. If a third plan is required under this subsection, the
     8  bill embodying it shall be delivered to the Secretary of the
     9  Senate and the Chief Clerk of the House of Representatives not
    10  later than June 1 of the year ending in one or 14 days after the
    11  date of the vote by which the Senate or the House of
    12  Representatives fails to approve the bill submitted under
    13  paragraph (2), whichever date is later. It is the intent of this
    14  section that, if it is necessary to submit a bill under this
    15  paragraph, the bill be brought to a vote within the same time
    16  period after its delivery to the Secretary of the Senate and the
    17  Chief Clerk of the House of Representatives as is prescribed for
    18  the bill submitted under paragraph (2), but shall be subject to
    19  amendment in the same manner as other bills.
    20     (4)  Notwithstanding paragraphs (1), (2) and (3):
    21     (i)  If population data from the Federal census which is
    22  sufficient to permit preparation of a congressional districting
    23  plan becomes available at an earlier time than the population
    24  data needed to permit preparation of a legislative districting
    25  plan in accordance with subsection (d), the bureau shall so
    26  inform the presiding officers of the Senate and House of
    27  Representatives. If the presiding officers so direct, the bureau
    28  shall prepare a separate bill establishing congressional
    29  districts and submit it separately from the bill establishing
    30  legislative districts. It is the intent of this section that the
    20070H0084B0108                  - 6 -     

     1  General Assembly shall proceed to consider the congressional
     2  districting bill in substantially the manner prescribed by
     3  paragraphs (1), (2) and (3).
     4     (ii)  If the population data for legislative districting
     5  which the United States Census Bureau is required to provide
     6  this Commonwealth under 13 U.S.C. § 141 is not available to the
     7  Legislative and Congressional Reapportionment Bureau on or
     8  before February 1 of the year ending in one, the dates set forth
     9  in this section shall be extended by a number of days equal to
    10  the number of days after February 1 of the year ending in one
    11  that the Federal census population data for legislative
    12  districting becomes available.
    13     (d)  (1)  Legislative and congressional districts shall be
    14  established on the basis of population.
    15     (i)  Senatorial and representative districts, respectively,
    16  shall each have a population as nearly equal as practicable to
    17  the ideal population for such districts, determined by dividing
    18  the number of districts to be established into the population of
    19  this Commonwealth reported in the Federal decennial census.
    20  Senatorial districts and representative districts shall not vary
    21  in population from the respective ideal district populations
    22  except as necessary to comply with one of the other standards
    23  enumerated in this section. In no case shall the quotient,
    24  obtained by dividing the total of the absolute values of the
    25  deviations of all district populations from the applicable ideal
    26  district population by the number of districts established,
    27  exceed 2.5% of the applicable ideal district population. No
    28  senatorial district shall have a population which exceeds that
    29  of any other senatorial district by more than 5%, and no
    30  representative district shall have a population which exceeds
    20070H0084B0108                  - 7 -     

     1  that of any other representative district by more than 5%.
     2     (ii)  Congressional districts shall each have a population as
     3  nearly equal as practicable to the ideal district population,
     4  derived as prescribed in subparagraph (i). No congressional
     5  district shall have a population which varies by more than 2.5%
     6  from the applicable ideal district population.
     7     (iii)  If a challenge is filed with the Supreme Court
     8  alleging excessive population variance among districts
     9  established in a plan adopted by the General Assembly, the
    10  General Assembly has the burden of justifying any variance in
    11  excess of 2.5% between the population of a district and the
    12  applicable ideal district population.
    13     (2)  To the extent consistent with paragraph (1), district
    14  boundaries shall coincide with the boundaries of political
    15  subdivisions of this Commonwealth. The number of counties and
    16  cities divided among more than one district shall be as small as
    17  possible. When there is a choice between dividing local
    18  political subdivisions, the more populous subdivisions shall be
    19  divided before the less populous, but this statement does not
    20  apply to a legislative district boundary drawn along a county
    21  line which passes through a city that lies in more than one
    22  county.
    23     (3)  Districts shall be composed of convenient contiguous
    24  territory. Areas which meet only at the points of adjoining
    25  corners are not contiguous.
    26     (4)  It is preferable that districts be compact in form, but
    27  the standards established by paragraphs (1), (2) and (3) take
    28  precedence over compactness where a conflict arises between
    29  compactness and these standards. In general, compact districts
    30  are those which are square, rectangular or hexagonal in shape to
    20070H0084B0108                  - 8 -     

     1  the extent permitted by natural or political boundaries.
     2     (5)  Districts should represent communities of interest as
     3  reflected by common economic patterns of production and
     4  consumption, school district boundaries, cultural activities,
     5  self-identification, media coverage, and other relevant
     6  demographic information.
     7     (6)  However, no district shall be drawn for the purpose of
     8  favoring a political party, incumbent legislator or member of
     9  Congress or other person or group. In establishing districts, no
    10  use shall be made of any of the following data:
    11     (i)  Addresses of incumbent legislators or members of
    12  Congress.
    13     (ii)  Political affiliations of registered voters.
    14     (iii)  Previous election results.
    15     (7)  Each bill embodying a plan drawn under this section
    16  shall provide that any vacancy in the General Assembly for which
    17  an individual takes office in the year ending in one, occurring
    18  at a time which makes it necessary to fill the vacancy at a
    19  special election held pursuant to section 629 of the act of June
    20  3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
    21  Code, shall be filled from the same district which elected the
    22  senator or representative whose seat is vacant.
    23     (8)  Each bill embodying a plan drawn under this section
    24  shall include provisions for election of senators to the General
    25  Assemblies which take office in the years ending in three and
    26  five, which shall be in conformity with section 16 of this
    27  article.
    28     (9)  Each bill embodying a plan drawn under this section
    29  shall provide that any aggrieved person may file an appeal from
    30  the plan directly to the Supreme Court within 30 days after the
    20070H0084B0108                  - 9 -     

     1  passage thereof. If the appellant establishes that the final
     2  plan is contrary to law, the Supreme Court shall issue an order
     3  remanding the plan to the bureau and directing the bureau to
     4  reapportion the Commonwealth in a manner not inconsistent with
     5  such order.
     6     (e)  (1)  Not later than February 15 of each year ending in
     7  one, a five-member temporary redistricting advisory commission
     8  shall be established as provided by this section. The
     9  commission's only functions shall be those prescribed by
    10  subsection (f).
    11     (i)  Each of the four selecting authorities shall certify to
    12  the chief election officer his appointment of a person to serve
    13  on the commission. The certifications may be made at any time
    14  after the four selecting authorities have been selected for the
    15  General Assembly to take office in the year ending in one, even
    16  though the terms of office of the selecting authorities have not
    17  actually begun.
    18     (ii)  Within 30 days after the four selecting authorities
    19  have certified their respective appointments to the commission,
    20  but in no event later than February 15 of the year ending in
    21  one, the four commission members so appointed shall select, by a
    22  vote of at least three members, and certify to the chief
    23  election officer the fifth commission member who shall serve as
    24  chairperson.
    25     (iii)  A vacancy on the commission shall be filled by the
    26  initial selecting authority within 15 days after the vacancy
    27  occurs.
    28     (iv)  Members of the commission shall receive per diem travel
    29  expenses and reimbursement for other necessary expenses incurred
    30  in performing their duties under this section.
    20070H0084B0108                 - 10 -     

     1     (2)  No person shall be appointed to the commission who:
     2     (i)  Is not an eligible elector of this Commonwealth at the
     3  time of selection.
     4     (ii)  Holds partisan public office or political party office.
     5     (iii)  Is a relative of or is employed by a member of the
     6  General Assembly or of the United States Congress or is employed
     7  directly by the General Assembly or by the United States
     8  Congress.
     9     (f)  The functions of the commission shall be as follows:
    10     (1)  If, in preparation of plans as required by this section,
    11  the bureau is confronted with the necessity to make any decision
    12  for which no clearly applicable guideline is provided by
    13  subsection (d), the bureau may submit a written request for
    14  direction to the commission.
    15     (2)  Prior to delivering any plan and the bill embodying that
    16  plan to the Secretary of the Senate and the Chief Clerk of the
    17  House of Representatives in accordance with subsection (c), the
    18  bureau shall provide to persons outside the bureau staff only
    19  such information regarding the plan as may be required by
    20  policies agreed upon by the commission. This paragraph does not
    21  apply to population data furnished to the bureau by the United
    22  States Bureau of the Census.
    23     (3)  Upon each delivery by the bureau to the General Assembly
    24  of a bill embodying a plan, pursuant to subsection (c), the
    25  commission shall at the earliest feasible time make available to
    26  the public the following information:
    27     (i)  Copies of the bill delivered by the bureau to the
    28  General Assembly.
    29     (ii)  Maps illustrating the plan.
    30     (iii)  A summary of the standards prescribed by subsection
    20070H0084B0108                 - 11 -     

     1  (d) for development of the plan.
     2     (iv)  A statement of the population of each district included
     3  in the plan and the relative deviation of each district
     4  population from the ideal district population.
     5     (4)  Upon the delivery by the bureau to the General Assembly
     6  of a bill embodying an initial plan, as required by subsection
     7  (c)(1), the commission shall:
     8     (i)  As expeditiously as reasonably possible, schedule and
     9  conduct at least three public hearings, in different geographic
    10  regions of this Commonwealth, on the plan embodied in the bill
    11  delivered by the bureau to the General Assembly.
    12     (ii)  Following the hearings, promptly prepare and submit to
    13  the Secretary of the Senate and the Chief Clerk of the House of
    14  Representatives a report summarizing information and testimony
    15  received by the commission in the course of the hearings. The
    16  commission's report shall include any comments and conclusions
    17  which its members deem appropriate on the information and
    18  testimony received at the hearings or otherwise presented to the
    19  commission.
    20     [(f)] (g)  Any district which does not include the residence
    21  from which a member of the Senate was elected whether or not
    22  scheduled for election at the next general election shall elect
    23  a Senator at such election.
    24     [(g)  The General Assembly shall appropriate sufficient funds
    25  for the compensation and expenses of members and staff appointed
    26  by the commission, and other necessary expenses. The members of
    27  the commission shall be entitled to such compensation for their
    28  services as the General Assembly from time to time shall
    29  determine, but no part thereof shall be paid until a preliminary
    30  plan is filed. If a preliminary plan is filed but the commission
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     1  fails to file a revised or final plan within the time
     2  prescribed, the commission members shall forfeit all right to
     3  compensation not paid.
     4     (h)  If a preliminary, revised or final reapportionment plan
     5  is not filed by the commission within the time prescribed by
     6  this section, unless the time be extended by the Supreme Court
     7  for cause shown, the Supreme Court shall immediately proceed on
     8  its own motion to reapportion the Commonwealth.
     9     (i)  Any reapportionment plan filed by the commission, or
    10  ordered or prepared by the Supreme Court upon the failure of the
    11  commission to act, shall be published by the elections officer
    12  once in at least one newspaper of general circulation in each
    13  senatorial and representative district. The publication shall
    14  contain a map of the Commonwealth showing the complete
    15  reapportionment of the General Assembly by districts, and a map
    16  showing the reapportionment districts in the area normally
    17  served by the newspaper in which the publication is made. The
    18  publication shall also state the population of the senatorial
    19  and representative districts having the smallest and largest
    20  population and the percentage variation of such districts from
    21  the average population for senatorial and representative
    22  districts.]
    23     (h)  All positions in the bureau shall be deemed to be
    24  included in the list of positions set forth in section 3(d) of
    25  the act of August 5, 1941 (P.L.752, No.286), known as the Civil
    26  Service Act, and the provisions and benefits of the act shall be
    27  applicable to the employees of and positions in the bureau.
    28     (i)  The bureau shall expire and its responsibilities shall
    29  terminate not later than November 1 of each year ending in one
    30  and shall be reconstituted on November 1 in the year of the next
    20070H0084B0108                 - 13 -     

     1  Federal decennial census.
     2     (j)  The following words and phrases when used in this
     3  section shall have the meanings given to them in this subsection
     4  unless the context clearly indicates otherwise:
     5     "Bureau."  The Legislative and Congressional Reapportionment
     6  Bureau.
     7     "Chief election officer."  The Secretary of the Commonwealth
     8  or a designee.
     9     "Commission."  The temporary redistricting advisory
    10  commission established pursuant to this section.
    11     "Federal census."  The decennial census required by Federal
    12  law to be conducted by the United States Bureau of the Census in
    13  every year ending in zero.
    14     "Four selecting authorities." 
    15     (1)  The Majority Leader of the Senate.
    16     (2)  The Minority Leader of the Senate.
    17     (3)  The Majority Leader of the House of Representatives.
    18     (4)  The Minority Leader of the House of Representatives.
    19     "Partisan public office."
    20     (1)  An elective or appointive office in the executive or
    21  legislative branch or in an independent establishment of the
    22  Federal Government.
    23     (2)  An elective office in the executive or legislative
    24  branch of the government of this Commonwealth or an office which
    25  is filled by appointment.
    26     (3)  An office of a county, city or other political
    27  subdivision of this Commonwealth which is filled by an election
    28  process involving nomination and election of candidates on a
    29  partisan basis.
    30     "Plan."  A plan for legislative and congressional
    20070H0084B0108                 - 14 -     

     1  reapportionment drawn up pursuant to the requirements of this
     2  section.
     3     "Political party office."  An elective office in the national
     4  or State organization of a political party.
     5     "Relative."  An individual who is related to the person in
     6  question as father, mother, son, daughter, brother, sister,
     7  uncle, aunt, first cousin, nephew, niece, husband, wife,
     8  grandfather, grandmother, father-in-law, mother-in-law, son-in-
     9  law, daughter-in-law, brother-in-law, sister-in-law, stepfather,
    10  stepmother, stepson, stepdaughter, stepbrother, stepsister, half
    11  brother or half sister.
    12     Section 2.  (a)  Upon the first passage by the General
    13  Assembly of this proposed constitutional amendment, the
    14  Secretary of the Commonwealth shall proceed immediately to
    15  comply with the advertising requirements of section 1 of Article
    16  XI of the Constitution of Pennsylvania and shall transmit the
    17  required advertisements to two newspapers in every county in
    18  which such newspapers are published in sufficient time after
    19  passage of this proposed constitutional amendment.
    20     (b)  Upon the second passage by the General Assembly of this
    21  proposed constitutional amendment, the Secretary of the
    22  Commonwealth shall proceed immediately to comply with the
    23  advertising requirements of section 1 of Article XI of the
    24  Constitution of Pennsylvania and shall transmit the required
    25  advertisements to two newspapers in every county in which such
    26  newspapers are published in sufficient time after passage of
    27  this proposed constitutional amendment. The Secretary of the
    28  Commonwealth shall submit this proposed constitutional amendment
    29  to the qualified electors of this Commonwealth at the first
    30  primary, general or municipal election which meets the
    20070H0084B0108                 - 15 -     

     1  requirements of and is in conformance with section 1 of Article
     2  XI of the Constitution of Pennsylvania and which occurs at least
     3  three months after the proposed constitutional amendment is
     4  passed by the General Assembly.


















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